The above-captioned case was previously heard by the Board on April 18, 2006 at 1:00 P.M.  The above captioned case was most recently scheduled for hearing on June 6, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Newbrook, Pearson, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 17, 2005 inspection report compiled by the East Providence Fire Marshals Office. The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 6, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 2005 inspection report as its initial findings of fact.  The Board further notes that during a previous hearing, the Applicant was given until May 31, 2006 to either comply or vacate this facility.  At the time, the Applicant was under the impression that the facility would be transferred to the City of East Providence.  However, the Applicant subsequently learned that the facility shall not be transferred to the City.  Accordingly, the Applicant is requesting a time variance in order to bring this facility into compliance with the code.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1-20.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board notes that during this period of time the facility shall operate with a 10 occupancy reduction until the fire alarm is installed and approved by the East Providence Fire Marshal's office.  The Board notes that any increase of this occupancy allowed by the East Providence Fire Marshal's office on a temporary basis shall be only in accordance with an approved plan of action developed by the East Providence Fire Marshal's office.  Finally, the Board notes that the overall normal occupancy of this facility has been calculated at 144 people.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].